Cullen to avoid victims' relatives

Serial killer Charles Cullen has decided he won't appear for sentencings in New Jersey courts, according to his attorney, thereby avoiding the face-to-face wrath of his victims' relatives.

"It's Charlie's call and he has been of the mind to have as few court appearances as possible," Deputy Public Defender Johnnie Mask said. "If at the time of any sentence proceeding he's still of that mind, he might just choose to waive his appearance."

Ten days ago in Pennsylvania, Cullen stood dispassionately while Kristina Toth, the daughter of victim Ottomar Schramm, called the killer nurse a "monster of the worst kind" during a three-minute speech about the loss of her father. Toth was allowed to speak at the hearing in which Cullen pleaded guilty. Under New Jersey law, victim's families can- not address the court until sentencing day.

The news that they might not get a chance to address Cullen angered many of the New Jersey families.

"We feel it's like a slap in the face," wrote Mary Strenko in an e-mail. Strenko's son, Michael, 21, was being treated for a blood disorder at Somerset Medical Center last year when he died from a Cullen-delivered fatal dose of nor- epinephrine, a blood pressure medication that stimulates the heart.

"Not only was our son Michael murdered and taken from us because of Charles Cullen, but the right to express our thoughts and feelings is taken away from us, too," she wrote. "We should have the opportunity and right to read our victim statement with him present to have him hear how we feel about what he did and to let him know what he has done to our family. He is a coward with no soul that shows no mercy for human life."

Sentencing dates will be set in the various counties where Cullen had admitted to killing patients once the prosecutors complete their investigations at Saint Barnabas Medical Center, Warren Hospital, Hunterdon Medical Center, Morristown Memorial Hospital and Somerset Medical Center.

Cullen told authorities earlier this year he was responsible for killing as many as 40 patients during his 10-year nursing career in New Jersey and eastern Pennsylvania.

Cullen has already pleaded guilty to murdering 13 patients and attempting to murder two others in 2003 while in the critical care unit at Somerset Medical Center. He has also admitted to killing three patients in 1993 at Warren Hospital. Somerset and Warren county prosecutors continue to investigate.

Under New Jersey court rules, Cullen has the right not to be present at sentencing as long as his attorney files a written waiver with the court.

"If he waives his right, there's absolutely no demand that he appear in court," said state Criminal Justice Division spokesman John Hagerty. "There's nothing that can compel him to appear."

He can also avoid appearing at sentencings in Pennsylvania. Cullen has already filed a motion not to appear when a Northampton County, Pa., judge sentences him for the murder of Schramm, and Mask said he will likely file a similar motion in Lehigh County, Pa., where Cullen was charged last week with murdering six patients and attempting to murder three others at Lehigh Valley Hospital and St. Luke's Hospital.

But under Pennsylvania law, victim's families can address criminals at the time they plead guilty.

'HE NEEDS TO HEAR OUR WORDS'

There are no laws in New Jersey allowing victims' families to address the court prior to sentencing. New Jersey's Crime Victims Bill of Rights only says relatives can make "an in-person statement directly to the sentencing court concerning the impact of the crime."

Mask said Cullen's decision not to appear in court would not keep the families from making an impact statement to the sentencing judge. "Family members still have a legal right to make a presentation to the court," the defense attorney said. "It doesn't say they're entitled to make a statement to the defendant."

But without Cullen sitting in the courtroom to hear their statements about the hardships and pain he caused, the victims of several family members said, it would be like preaching to the choir.

"Let those words ring in his head for the rest of his life. The law is protecting the criminal instead of the victims in this case."

John Shanagher said the prospect of confronting Cullen has been a major motivating factor since learning that his father, Jack, 83, was murdered at Somerset Medical.

"My dad is entitled to his day in court and he never got that. This is his day," John Shanagher said. Cullen "needs to know my father wasn't case No. 4. He was a human being. He wasn't just the man Cullen took five minutes to kill; he was much more than that."

"He is a murderer and we should have some kind of right to address him in a formal situation," said Lucille Gall, sister of the Rev. Florian Gall, a 68-year-old Roman Catholic priest killed at Somerset Medical by a lethal dose of heart medication injected by Cullen.

"It seems he's getting everything and we're not getting the opportunity. I have not seen the man since the hospital. I would just like to see his face and say what I have to say."

Rick Hepp works in the Somerset County bureau. He can be reached at rhepp@starleger.com or at (908) 429-9925.